Sec. 25. (a) This section applies to inspections performed by the state department.
(b) Except as provided in this section, until the recipient of an inspection report has had ten (10) calendar days to respond to the inspection report the state department may not release to the public:
(1) the inspection report; or
(2) records relating to the inspection.
(c) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time stated in subsection (b) if the state department determines that the release is necessary to:
(1) protect the public from an imminent threat to health or safety;
(2) protect the consumers of health services from an imminent threat to health or safety; or
(3) protect the public from a gross deception or fraud.
(d) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time period in subsection (b):
(1) if the state department orders closure of a regulated entity; or
(2) after receipt of the regulated entity's written consent to the release of the inspection report and records relating to the inspection.
(e) With respect to a recipient of an inspection performed by the state department, the period of time described in subsection (b) begins as follows:
(1) If the inspection report is personally delivered to the recipient, on the date of delivery.
(2) If the inspection report is deposited in the United States mail, three (3) days after the date of deposit in the United States mail.
(f) After an inspection report is released under this section, the inspection report and records relating to the inspection may be inspected and copied as set forth in IC 5-14-3.
As added by P.L.190-1995, SEC.1.
Structure Indiana Code
Article 19. State Department of Health
Chapter 3. Powers and Duties of State Department of Health and Executive Board
16-19-3-1. Supervision of Health and Life of Citizens; Necessary Powers
16-19-3-2. Branch Offices; Purpose; Legislative Intent
16-19-3-3. Facilities for Branch Offices
16-19-3-4. Protection and Improvement of Public Health; Adoption of Rules
16-19-3-4.3. Variances From Rules Regarding Food Handling or Food Establishments
16-19-3-4.4. Mobile Camps; Adoption of Rules; Enforcement by Local Health Officers
16-19-3-4.5. Adoption of Rules Concerning Facilities Where Eyelash Extensions Are Applied
16-19-3-11. Condemnation or Abatement of Conditions Causative of Disease
16-19-3-12. Rules and Regulations; Enforcement; Local Health Officers; Removal
16-19-3-13. Local Health Officers; Removal From Office; Grounds
16-19-3-14. Local Health Officers; Removal From Office; Procedure
16-19-3-16. Water Pollution; Proceedings to Abate or Prevent; Regulation of Sanitary Systems
16-19-3-17. Hearings; Agent or Representative of Department
16-19-3-18. Enforcement Proceedings; Injunction
16-19-3-20. Oral Public Health
16-19-3-21. Programs for Residential Care of Certain Individuals; Eligibility; Fees
16-19-3-22. Poisons; Safety and Emergency Information; Telephone Answering Service
16-19-3-23. Health Care Programs; Telephone Information Service
16-19-3-24. Acquired Immune Deficiency Drug Assistance Program; Administration
16-19-3-24.5. Administration of Food and Nutrition Programs and Money
16-19-3-25. Inspection Report; Guidelines for Release to Public
16-19-3-29. Records of Coroners Denying Anatomical Gift Recoveries
16-19-3-30. Establishment of Nonprofit Subsidiary Corporation
16-19-3-30.5. Partnerships and Joint Ventures; Substance Abuse Disorder